Microsoft word - dn10mt21may07schedulewtocommitments.doc

DECISION ANNOUNCING THE SCHEDULE FOR IMPLEMENTATION OF TRADING AND DISTRIBUTION ACTIVITIES1 The Minister of Finance
Pursuant to Decree 29-2004-ND-CP of the Government dated 16 January 2004 on functions, duties and powers of the Ministry of Trade; Pursuant to Resolution 71-2006-QH11 of the National Assembly dated 29 November 2006 on ratification of the protocol on accession by Vietnam to the World Trade Organization (WTO); On the proposal of the Director of the Department for Planning and Investment;
Decides:

Article 1 To announce the schedule for implementation of trading and distribution activities pursuant to undertakings in international treaties of which the Socialist Republic of Vietnam is a member, as follows: (a)
Investment Forms and Schedule for implementation of trading and distribution activities (Appendix 1).
List of Goods and Schedule for implementation of export rights (Appendix 2).
List of Goods and Schedule for implementation of import rights (Appendix 3).
List of Goods and Schedule for implementation of distribution rights (Appendix 4).
Article 2

This Decision shall be of full force and effect fifteen days after the date of its publication in the Official Gazette.
Allens Arthur Robinson Note: The literal translation of trading and distribution activities is "activities of purchase and sale of goods and activities directly related to purchase and sale of goods".
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APPENDIX 1 INVESTMENT FORMS AND SCHEDULE FOR IMPLEMENTATION OF TRADING AND DISTRIBUTION ACTIVITIES Activity Investment Form and Schedule for Implementation
Permitted to conduct investment in the form of an economic institution with 100% foreign owned capital, or in the form of a joint venture economic institution between a foreign investor and a domestic investor.
- Permitted to conduct investment in the form of a joint
venture economic institution between a foreign investor
and a domestic investor, in which the foreign investor
may not contribute more than 49% of the charter
capital; as from I January 2008 there will be no
restriction on the % charter capital contribution of the
- Permitted to conduct investment in the form of an
economic institution with 100% foreign owned capital
- Distribution rights are attached to the right to establish the first retail sales outlet; establishment of additional retail sales outlets shall be considered on the basis of an inspection of the economic requirements (the current number of service providers within a geographical area, market stability and the size of the geographical area).
(excluding Permitted to conduct investment in the form of a joint
venture economic institution or in the form of a business co-operation contract between a foreign investor and a domestic investor already licensed for commercial advertising business. In the case of investment in the form of a joint venture economic institution, the foreign investor may not contribute more than 51% of the charter capital; as from I January 2009 there will be no restriction on the % charter capital contribution of the foreign investor.
Permitted to conduct investment in the form of an
economic institution with 100% foreign owned capital,
or in the form of a joint venture economic institution between a foreign investor and a domestic investor. Provision of commercial assessment services shall not be permitted in some geographical areas for national security reasons as certified by the competent body.
The above investment forms and schedule for implementation also apply to currently established economic institutions with 100% foreign owned capital and to joint venture economic institutions between foreign investors and domestic investors which request addition of trading and distribution activities to their business lines.
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APPENDIX 2 LIST OF GOODS AND SCHEDULE FOR IMPLEMENTATION OF EXPORT RIGHTS Principles for Use:
This List has been prepared on the basis of goods and their HS Code Numbers in the Import/Export Tariff2.
The groups in this List are each an 8 figure number, sometimes further sub-divided into a 10 figure number in which case the schedule for the head 8 figure group also applies to the 10 figure sub-group.
II. Lists: GOODS NOT PERMITTED TO BE EXPORTED: Goods Code Goods Description Crude [unrefined] petroleum and petroleum/oil obtained from bitumen minerals GOODS PERMITTED TO BE EXPORTED PURSUANT TO A SCHEDULE: Goods Code Goods Description Schedule Husked rice 1 January 2011 -- To create seedlings
Allens Arthur Robinson Note: The sub-groups in Appendices 2, 3 and 4 have not been listed and translated in full. Reference should be made to the Import/Export Tariff.
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APPENDIX 3 LIST OF GOODS AND SCHEDULE FOR IMPLEMENTATION OF IMPORT RIGHTS Principles for Use:
This List has been prepared on the basis of goods and their HS Code Numbers in the Import/Export Tariff.
The groups in this List are each an 8 figure number, sometimes further sub-divided into a 10 figure number in which case the schedule for the head 8 figure group also applies to the 10 figure sub-group.
In order to avoid having to issue an exceedingly long list, the description of goods has been shortened as compared to the Import/Export Tariff so the description of goods in the Import/Export Tariff should be relied on.
II. Lists: GOODS NOT PERMITTED TO BE IMPORTED: Goods Code Goods Description Cigars, double-filter cigars, cheroots and cigarettes processed from tobacco leaf or replacement tobacco leaf
Cigars, double-filter cigars and cheroots produced from tobacco leaf
Cigarettes produced from replacement tobacco leaf
Processed tobacco leaf and other processed replacement tobacco leaf; "pure" tobacco and "reconstituted" tobacco; tobacco extract and tobacco essence Petroleum and oil sourced from petroleum and from bitumen minerals, but not crude oil Specialized newspapers and magazines and periodicals irrespective of whether they are illustrated or contain advertisements
--- On science, technical matters or economics
Disks, videos and other information-containing audio or similar objects including models and original materials for production of disks or videos Other aircraft (such as helicopters and planes); rockets (including satellite rockets) and orbiting spacecraft and anti-rocket launching pads
Rockets (and satellite rockets), orbiting spacecraft and anti-rocket launching pads
Aircraft components for Group 88.01 or 88.02
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GOODS PERMITTED TO BE IMPORTED PURSUANT TO A SCHEDULE: Goods Code Goods Description Schedule Pharmaceutical drugs 1 January 2009 Medicines (except for Groups 3002, 3005 and 3006) being a mixture of two or more ingredients Medicines (except for Groups 3002, 3005 and 3006)1 January 2009
-- In liquid form and containing isoniazid or pyrazinamid
Other pharmaceutical products mentioned in Note 4 to Chapter 301 January 2009 Cinema film (fully developed film) 1 January 2009
-- Current events films, tourism films, scientific and
Unused calendars, postcards and stamps Current stamps, tax stamps or similar stamps 1 January 2009
-- Paper money subject to legal tendering
- Securities, share certificates or bond certificates
Printed or photo postcards, greeting cards with printed messages 1 January 2009
Printed or photo postcards, greeting cards with printed
Printed and block calendars 1 January 2009 Other publications including pictures and photos 1 January 2009
Commercial advertising publications including commercial
Industrial Printers Machines, equipment and tools 1 January 2009 Other types of printers 1 January 2009 Other types of machines Transmission equipment used for radio 1 January 2009 Radar and radio wave transmitting equipment 1 January 2009
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APPENDIX 4 LIST OF GOODS AND SCHEDULE FOR IMPLEMENTATION OF DISTRIBUTION RIGHTS Principles for Use:
This List has been prepared on the basis of goods and their HS Code Numbers in the Import/Export Tariff.
The groups in this List are each an 4 figure number, sometimes further sub-divided into a 10 figure number in which case the schedule for the head 4 figure group also applies to the 10 figure sub-group.
In order to avoid having to issue an exceedingly long list, the description of goods has been shortened as compared to the Import/Export Tariff so the description of goods in the Import/Export Tariff should be relied on.
II. Lists: GOODS NOT PERMITTED TO BE DISTRIBUTED: Goods Code Goods Description Husked Rice Sugarcane and sugar beet Tobacco and cigars
Cigars, double-filter cigars, cheroots and cigarettes processed from tobacco leaf or replacement tobacco leaf
Processed tobacco leaf and other processed replacement tobacco leaf; "pure" tobacco and "reconstituted" tobacco; tobacco extract and tobacco essence
Crude oil and processed oil
Mineral oil and all types of petroleum/oil obtained from bitumen minerals, in crude form
Oil sourced from mineral oil and all types of petroleum/oil obtained from bitumen minerals
Pharmaceutical drugs (excluding nourishing products in the form of pills, bars, crystal or powder)
Processed humans and animal blood used for treatment and prevention
Medicines (except for Groups 3002, 3005 and 3006)
Medicines (except for Groups 3002, 3005 and 3006)
Other pharmaceutical products mentioned in Note 4 to Chapter 30 on the Import List
Explosives Books, newspapers and magazines
Specialized newspapers and magazines and periodicals irrespective of whether they are illustrated or contain advertisements
Picture, drawing and colouring books for children
Precious stones
Precious stones (excluding diamonds) not yet beaded
Collated or re-worked precious stones not yet beaded or encrusted
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Image recorded objects on whatever material
Disks, videos and other information-containing audio or similar objects including models and original materials for production of disks or videos, except for products in Chapter 37 of the Import List
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GOODS PERMITTED TO BE DISTRIBUTED PURSUANT TO A SCHEDULE: Goods Code Goods Description Schedule Liquor 01/01/2010
Spirits with less than 80% concentration
Cement and clinker 01/01/2010
Portland cement, aluminium cement, porous (slag)
Fertilizer 01/01/2010
Mineral or chemical fertilizer with nitrogen
Mineral or chemical fertilizer with phosphate
Mineral or chemical fertilizer with potassium
Mineral or chemical fertilizer with a mixture of nitrogen
phosphate or phosphate, and other fertilizers
Tyres 01/01/2010 Paper 01/01/2010 Iron and steel 01/01/2010 Audio and visual equipment 01/01/2010
Electrical equipment used for telephones
Tractors, mechanized vehicles, small cars and motor cycles 01/01/2009
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